Illinois Alternative Cannabis Enforcement Program for Possession of Not More Than 10 Grams of Cannabis

Issue Date:

31 October 2017

Effective Date:

31 October 2017

Rescinds:

01 January 2017 Version

Index Category:

Department Notice

I.

Purpose

This directive:

A.

informs Department members of the changes to the Cannabis Control Act enacted as part of Public Act 99-0697.

B.

continues the:

1.

Cook County Civil Law Citation (CCC 110216) and its use for the enforcement of 720 ILCS 550/4(a) - "Possession of Cannabis; Not More Than 10 Grams" and 720 ILCS 600/3.5(c) - "Possession of Drug Paraphernalia."

The changes to the Cannabis Control Act enacted as part of Public Act 99-0697 are outlined below:

1.

720 ILCS 550/4(a) Possession of Cannabis - not more than 10 grams of any substance containing cannabis is a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200.

NOTE:

Public Act 99-0697 makes possession of not more than 10 grams of cannabis a civil law violation punishable by a fine, instead of a misdemeanor with possible jail time. This is not an arrestable offense and is enforceable by citation only which does not require a bond.

2.

720 ILCS 550/4(b) Possession of Cannabis - more than 10 grams but not more than 30 grams of any substance containing cannabis is a Class B misdemeanor.

3.

720 ILCS 550/4(c) Possession of Cannabis - more than 30 grams but not more than 100 grams of any substance containing cannabis is a Class A misdemeanor; provided, that if any offense under this subsection (c) is a subsequent offense, the offender shall be guilty of a Class 4 felony.

4.

720 ILCS 550/4(d) Possession of Cannabis - more than 100 grams but not more than 500 grams of any substance containing cannabis is a Class 4 felony; provided that if any offense under this subsection (d) is a subsequent offense, the offender shall be guilty of a Class 3 felony.

5.

720 ILCS 600/3.5(c) Possession of drug paraphernalia - Drug paraphernalia seized from a person in possession of up to 10 grams of cannabis shall constitute a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200.

NOTE:

Public Act 99-0697 makes possession of drug paraphernalia in conjunction with not more than 10 grams of cannabis a civil law violation punishable by a fine, instead of a misdemeanor with possible jail time. This offense is not an arrestable offense and is enforceable by citation only which does not require a bond.

6.

720 ILCS 550/5.3(a) Unlawful use of cannabis-based product manufacturing equipment - possession, procurement, transportation, storage, or delivery of any equipment used in manufacturing cannabis-based products such as cannisters of butane gas is a Class 2 felony.

NOTE:

This does not include the legal possession of such manufacturing equipment by licensed medical cannabis cultivation centers.

B.

The Cook County Civil Law Citation:

1.

is a newly implemented citation to enforce civil law violations including 720 ILCS 550/4(a) - "Possession of Cannabis; Not More Than 10 Grams" and 720 ILCS 600/3.5(c) - "Possession of Drug Paraphernalia."

NOTE:

The only mechanism Department members have to enforce 720 ILCS 550/4(a) and 720 ILCS 600/3.5(c) is the Civil Law Citation. 720 ILCS 550/4(a) and 600/3.5(c) WILL NOT be listed on any Arrest report, long-form complaint, or any other citation.

2.

is a six-part formset which includes the following:

a.

Complaint copy (White) - this original document is used to formally cite a violator for 720 ILCS 550/4(a) and 720 ILCS 600/3.5(c) and will be forwarded to the Traffic Court Unit for circuit court use.

b.

Evidence copy (Yellow) - this copy will be attached to the outside of the evidence bag containing the recovered cannabis or drug paraphernalia.

c.

Court Disposition copy (White) - this copy will be forwarded to the Traffic Court Unit for circuit court use.

d.

Police Record copy (Green) - This copy will be forwarded to the Traffic Court Unit and retained consistent with existing records retention requirements.

e.

Violator copy (Goldenrod) - This copy will be given to the violator by the issuing member and serve as the violator's written notice of violation.

f.

Court Communication copy (Blue) -This copy will be given to the violator by the issuing member to serve as "mail-in" correspondence with circuit court.

When encountering a subject in possession of not more than 10 grams of cannabis or possession of drug paraphernalia in conjunction with not more than 10 grams of cannabis, Department members will:

1.

take custody of the cannabis and paraphernalia, if applicable.

2.

while on the scene, issue the respondent a Cook County Civil Law Citation for the civil offense of 720 ILCS 550/4(a) and if applicable, 720 ILCS 600/3.5(c). The issuing Department member will:

a.

complete the complaint section of the Civil Law Citation by indicating the officer's court key and checking the box labeled "People State Of Illinois vs" and leaving the "Case No." field blank.

NOTE:

Department members will not cite Municipal Code of Chicago (MCC) violations on a Civil Law Citation.

b.

complete the defendant section of the citation indicating the date, time, and location of occurrence and noting if the violator is under 18 years of age.

NOTE:

The signature of the violator is not required and will not be requested. If a member is using a Civil Law Citation that contains a violator signature line, the member will NOT complete this section.

c.

complete the violation section of the citation by indicating the appropriate charge, recording a detailed description that accurately corresponds to the charge(s) cited, and documenting vehicle information, if applicable.

d.

complete the evidence section of the citation by recording:

(1)

if an RD# was associated with the citation by completing the "Associated Report #" field.

NOTE:

Department members will not generate a Records Division (RD) number only for the issuance of a Civil Law Citation.

(2)

the inventoried cannabis will not be field tested.

(3)

the OEMC Event number in the "CAD#" field, the location of evidence when recovered, and a description of evidence.

e.

complete the court place/date section of the citation for both adults and juveniles using the following criteria:

(1)

The court date will be scheduled not less than 30 days but within 45 days from the date of issuance of the Civil Law Citation.

(2)

The court branch will be "Traffic Court" and the court time and courtroom will be based on the member's assigned Traffic Court Minor Courtroom and time.

(3)

The court address will be 50 W. Washington St., Chicago, IL.

NOTE:

The issuing member is not required to appear at the initial scheduled court date. Members are reminded that any appearance in court or judicial-related proceeding requires an official notification and prior authorization.

f.

complete the date and provide signature and star number.

3.

not notify a juvenile's parents/guardians of the issuance of the Civil Law Citation.

4.

not detain the violator any longer than necessary to complete the Civil Law Citation. Members will not detain the violator solely pending the result of a name check.

5.

if appropriate, complete the appropriate Investigatory Stop Report, Curfew Violation Report, or School Absentee Report. A case report and arrest report will NOT be completed for violations of 720 ILCS 550/4(a) or 720 ILCS 600/3.5(c).

6.

provide the violator with the "Violator" (goldenrod) and "Court Communication" (blue) copies of the Civil Law Citation form.

7.

without undue delay after issuing the Civil Law Citation, proceed into the appropriate district station where the cannabis and/or drug paraphernalia will be inventoried. Department members will inventory the cannabis in an Evidence Bag (green) (CPD-11.511) and drug paraphernalia in a Evidence - Property Envelope (blue) (CPD-34.559), and:

a.

use the issued Civil Law Citation form number in the "Incident Type" field.

NOTE:

Department members will not include a Central Booking (CB) number or Records Division (RD) number in the "Incident Type" field when inventorying cannabis or drug paraphernalia associated with a violation of 720 ILCS 550/4(a) Possession of Cannabis - not more than 10 grams and 720 ILCS 600/3.5(c) - Possession of Drug Paraphernalia.

b.

select "Other" for the "Item Type" in eTrack.

c.

indicate the 720 ILCS 550/4(a) or 720 ILCS 600/3.5(c) charge.

d.

document the respondent's name and demographics in the "Recovered From" fields.

e.

indicate that the inventory will be held as evidence until disposition of the case.

f.

staple above the heat seal the printout of "Copy 1 - Inventory Copy" of the inventory and the "Evidence" (yellow) copy of the Civil Law Citation to the outside of the Evidence Bag.

8.

ensure the "Court Copy" of the inventory is attached to the original "Complaint" (white) copy of the Civil Law Citation.

compile and submit the "Complaint" (white) copy, "Court Disposition" (white) copy, and "Police Record" (green) copy of the Civil Law Citation, and the "Court Copy" of the inventory to the appropriate supervisor of the unit of assignment or detail prior to the completion of the tour of duty during which the citation was issued.

C.

Supervisors will ensure:

1.

the proper enforcement and documentation of violations of 720 ILCS 550/4(a) and 720 ILCS 600/3.5(c).

listed on a separate property manifest from other narcotics and will indicate a destination of "167N - ERPS - VAULT D /NARCOTICS."

NOTE:

The cannabis inventoried under this program will be sent to the Evidence and Recovered Property Section (ERPS). The inventoried cannabis will not be sent for testing to the Illinois State Police Forensic Science Center at Chicago (ISP-FSC-C) .

4.

drug paraphernalia inventories for violations of 720 ILCS 600/3.5(c) are sent to ERPS to be held as evidence.

5.

the submitted "Complaint" (white) copy, "Court Disposition" (white) copy, and "Police Record" (green) copy of the Civil Law Citation, and the "Court Copy" of the inventory are reviewed for completeness and forwarded to the unit citation clerk for processing.

D.

When encountering a subject in possession of more than 10 grams but not more than 15 grams of cannabis, Department members will continue to follow the existing procedures outlined in Special Order S04-26-12 entitled "Alternative Cannabis Enforcement Program".

E.

When encountering a subject in possession of more than 15 grams of cannabis, Department members will continue to follow the existing Department procedures outlined in Special Order S04-18 entitled "Processing Narcotics Cases."

IV.

Exemptions and Restrictions

A.

Respondents will be issued Civil Law Citation for any violations of 720 ILCS 550/4(a) and 720 ILCS 600/3.5(c) regardless of a refusal to sign the citation, inability to produce valid identification, or subsequently being charged with other offenses.

B.

Department members are reminded that the exemptions and restrictions to receiving a citation listed in Item IV of Department directive entitled "Alternative Cannabis Enforcement Program," DO NOT APPLY to a violation of Possession of Cannabis - not more than 10 grams, 720 ILCS 550/4(a), or Possession of Drug Paraphernalia ,720 ILCS 600/3.5(c). Both of these violations will only be enforced by the issuance of a Civil Law Citation in ALL situations, including if:

1.

Subjects are in the act of smoking cannabis.

2.

Subjects are under the influence of cannabis and in control of a motor vehicle.

3.

Subjects are in a school or on school grounds or property.

4.

Subjects are in a public park, playground, beach, or all other publicly accessible property under Chicago Park District Control.

5.

Subjects are found violating the 720 ILCS 550/4(a) during the execution of a search warrant.

C.

When enforcing 720 ILCS 550/4(a) Possession of Cannabis - not more than 10 grams and 720 ILCS 600/3.5(c) - Possession of Drug Paraphernalia, Department members will:

1.

not make a physical arrest.

2.

not impound the vehicle.

3.

not field test the cannabis.

NOTE:

725 ILCS 5/115-23 "Admissibility of cannabis" allows for the cannabis to be admitted into evidence for a violation of 720 ILCS 550/4(a) based upon the opinion testimony of a peace officer based on the officer's training and experience as qualified by the court. A field test of the cannabis is not required.

V.

Responsibility And Procedures

A.

District Commanders/Unit Commanding Officers will ensure:

1.

a member is designated the responsibility for ordering, receiving, issuing, processing, and storing Civil Law Citation books and related forms.

2.

an adequate supply of Civil Law Citation books are available for use by unit members and unopened boxes of citations will be kept in a secure storage area.

B.

The designated Department member will:

1.

inspect the contents of each box of Civil Law Citations upon opening and arrange the books in numerical order.

2.

prepare a Citation Control Sheet (CPD-11.496) for each book and placed one in each book in the box.

3.

issue Civil Law Citation books in ascending numerical order. At time a book is issued, the issuing and receiving member will complete the Citation Control Sheet corresponding to the book being issued and forward the sheet to the Unit's Citation Clerk.

C.

Department members issued a Civil Law Citation book will notify their appropriate supervisor if a Civil Law Citation book is lost or stolen.

D.

The Commander, General Support Division will ensure that the Equipment and Supply Section has an adequate supply of Civil Law Citations available for use by sworn Department members.

E.

The commanding officer, Evidence and Recovered Property Section, will ensure items inventoried under this program are processed according to the procedures outlined in this directive and the Department directive entitled "Processing Property Under Department Control."

VI.

Civil Law Citation Processing

Civil Law Citations issued for the civil violations of Possession of Cannabis - not more than 10 grams, 720 ILCS 550/4(a), or Possession of Drug Paraphernalia, 720 ILCS 600/3.5(c), will be processed using the following procedures.

A.

Unit citation clerks will:

1.

complete a Transfer Listing For Civil Violation Complaints (CPD-22.808) on a daily basis (excluding holidays) by listing the submitted Civil Law Citations. When completing the Transfer Listing, the unit citation clerk will ensure:

a.

the "Complaint" (white) copy, "Court Disposition" (white) copy, and "Police Record" (green) copy of the Civil Law Citation, and the "Court Copy" of the inventory have been submitted for processing.

b.

only one Civil Law Citation is listed per line and no lines are skipped.

c.

the Transfer Listing contains the signature of both the preparing member and the district commander/unit commanding officer.

2.

promptly forwarded the original and one copy of the completed Transfer Listing, the "Complaint" (white) copy, "Court Disposition" (white) copy, and "Police Record" (green) copy of the Civil Law Citation, and the "Court Copy" of the inventory to the Traffic Court Unit (148), via the Police Document Section.

3.

maintain a copy of the Transfer Listing until the "receipted" copy of the Transfer Listing is returned to the unit from the Traffic Court Unit. The "receipted" copy of the Transfer Listing will be retained in accordance with existing records-retention requirements.

B.

The commanding officer, Traffic Court Unit, will ensure:

1.

the "Complaint" (white) copy, "Court Disposition" (white) copy, and "Police Record" (green) copy of the Civil Law Citation, and the "Court Copy" of the inventory received are properly listed on the Transfer Listing. Any discrepancies will be brought to the attention of the originating unit commanding officer.

2.

a "receipted" copy of the Transfer Listing is returned to the originating unit.

3.

the "Complaint" (white) copy and the "Court Disposition" (white) copy of the Civil Law Citation and the "Court Copy" of the inventory are forwarded to the Cook County Clerk of the Circuit Court.

4.

the "Police Record" (green) copy and the original Transfer Listing are retained in accordance with existing records-retention requirements.